A report published last week from Stuart Farquhar, a circuit judge who is leading research into how public disputes over finances in divorce should be handled, displayed a major divide between senior high court judges as to whether names should be published in divorce cases.
Long standing judge in the family court, Mostyn J, was at the centre of the report, as it stated that he had given a number of rulings declaring that anonymity was unlawful during proceedings involving financial issues around divorcing couples.
Partner Mark Harper noted that these rulings had not been received well by members of the industry, commenting that Mostyn J’s “attempt to rewrite the law on transparency in financial cases was disapproved of by many practitioners and some other judges.”
He further added that he was “very pleased that the Farquhar report . . . has recommended that anonymity should remain. “